by Patrick McGovern, Esq., and Kristina Chubenko, Esq.
Interim final regulations implementing the Genetic Information Nondiscrimination Act of 2008 (GINA) are now in effect for group health care insurers with plan years beginning on or after Dec. 7, 2009. If you offer group health coverage, that means you must understand and comply with GINA’s anti-discrimination provisions relating to genetic information.
GINA protects the confidentiality of an individual’s genetic information and modifies the HIPAA privacy regulations to clarify that genetic information is protected health information.
What GINA prohibits
The interim final regulations prohibit covered health plans from using genetic information to determine eligibility, compute premiums, set pre-existing conditions and make other decisions related to creating, renewing or replacing a contract of health insurance or health benefits.
The interim final GINA regulations s...(register to read more)